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Meeting Date: October 11, 2005

Subject/Title: Second Reading and adoption of Ordinance No. 812 for an amendment to Planned Development 38 (PD-38) amending the development standards and uses within Subarea B of this zoning designation. The site is located at the northeast corner of Lone Tree Way and Empire Avenue.

Prepared by: Debbie Hill, Associate Planner

Submitted by: Howard Sword, Community Development Director

The Planning Commission and staff recommend that the City Council waive the second reading and adopt Ordinance No. 812 approving a zoning amendment to Planned Development 38 (PD-38) amending the development standards and uses within Subarea B of this zone. The site is located at the northeast corner of Lone Tree Way and Empire Avenue.

At its meeting of September 27, 2005, the City Council introduced and waived the first reading of Ordinance No. 812. This Ordinance adoption will enable the developer to proceed to the improvement plan stage.

Fiscal impact to the City would be positive. The addition of another commercial development will promote an improved jobs-to-housing balance and provide additional sales tax revenue to the City.

Ordinance No. 812



WHEREAS, the applicant, Sansome Pacific Properties, has filed for an amendment to Planned Development 38 in order to amend the development standards and uses to accommodate his project (Design Review 05-13); and

WHEREAS, on September 6, 2005, the Planning Commission conducted a duly noticed public hearing, considered public comments and passed Resolution No. 05-59 which recommended the approval of the zoning amendment for Planned Development 38; and

WHEREAS, an Initial Study and Mitigated Negative Declaration were prepared for this project in accordance with the California Environmental Quality Act and were considered as a part of the review and approval process; and

WHEREAS, the Mitigated Negative Declaration identified potentially significant environmental effects associated with the proposed project which can be feasibly mitigated or avoided, and these project measures were included in the project conditions of approval and will reduce the impacts identified to a less than significant level; and

WHEREAS, a Notice of Public Hearing was legally advertised in the Brentwood Press on September 9, 2005, and mailed to all property owners of record within 300 feet of the subject property according to City policies and Government Code Section 65091; and

WHEREAS, the City Council held a public hearing on the proposed zoning amendment on September 27, 2005, for the purpose of reviewing the application, considering the Planning Commission's action, and considering all comments made by the public with respect to this proposed zoning amendment; and

WHEREAS, after the close of the public hearing, the City Council considered all public comments received both before and during the public hearing, the presentation by City staff, the staff report, which includes an analysis of the consistency of the proposed project with all other goals and policies of the City and the General Plan, and all other pertinent goals, policies, regulations and documents regarding the proposed zoning amendment; and

WHEREAS, the City Council of the City of Brentwood hereby makes the following supporting findings for this application as required by Section 17.450.007 of the City Zoning Ordinance and State CEQA Guidelines:

1. The site is physically suitable for the type and the density of development proposed.

2. The proposed zoning amendment is consistent with the existing City General Plan land use designation on the subject property.

3. The proposed zoning amendment is consistent and compatible with other goals, policies and implementation programs set forth in the General Plan.

4. The proposed zoning amendment has been processed in accordance with the applicable provisions of the California Government Code and the California Environmental Quality Act.

5. That the subject property regulated as a planned development will clearly result in a more desirable use of land, and a better physical environment than would be possible under any single or combination of zones.

6. That the PD designation for the subject property presents a unified and organized arrangement of land uses which are appropriate in relation to adjacent or nearby properties.

7. The zoning amendment will involve areas which are abutting public streets which will provide physical access to the project site and there is sufficient capacity to accommodate the traffic anticipated to be generated by development and the adjacent uses in the vicinity.

8. The zoning amendment will provide standards resulting in development that is consistent and compatible with surrounding uses.

9. That the natural and scenic qualities of the site are protected with adequate available public and private open spaces designated on the development plan.

10. That the development of the subject property, in the manner proposed by the applicant, will not be detrimental to the public welfare, will be in the best interests of the City and will be in keeping with the general intent and spirit of the Zoning Ordinance and with the City’s General Plan, including all relevant elements therefore, and with any applicable Specific Plan adopted by the City.

11. The proposed zoning amendment will serve the economic needs of the City and the region and will not create a detrimental imbalance between the public service needs of its residents and available fiscal and environmental resources (Government Code Section 65863.6).

12. Pursuant to Section 15168 of the CEQA Guidelines, the City Council finds that the project is within the scope of the development levels evaluated in the Program EIR prepared for the General Plan. The Initial Study has further evaluated potential project specific impacts to the environment. Based upon this evidence and the Mitigated Negative Declaration, this City Council finds that the project will not have any significant environmental impacts that were not studied in the Program EIR. The Mitigated Negative Declaration applies to all applicable mitigation measures specified in the Program EIR to the project and imposes additional mitigation measures to supplement and strengthen the Program EIR measures. Therefore, since the mitigation measures are incorporated as conditions of approval of the project, the Mitigated Negative Declaration as well as the Program EIR for the 1993 and 2001 General Plans are adequate for all approvals relating to the project.

13. On the basis of the whole record before it, there is no substantial evidence that this project will have a significant effect on the environment.

NOW, THEREFORE, the City Council of the City of Brentwood does hereby ordain as follows:

Section 1.

A. Certifies the Mitigated Negative Declaration for this project.

B. Directs staff to file the Notice of Determination with the County Clerk.

Section 2.

A. Amends Chapter 17.488 of the Brentwood Municipal Code providing amended development standards for PD-35 as follows:

17.488.004 Permitted Uses in Subarea B. The following are permitted within Subarea B of PD-38:

1. General and regional retail uses.

2. Business, office, and service establishments under 2000 square feet, such as, but not limited to, laundromat, dry cleaning, travel agencies, insurance offices, electronic and television repair, small equipment rental or repair, optical or veterinary pet services (excluding kennels), and other similar business, office, and service establishments that are under 2000 square feet, excepting that the second story of an office over retail building is not limited to 2000 square feet and can be used for office uses up to 100%.

3. Banks and financial institutions.

4. Restaurant, café, and other food service uses, including outdoor dining, but without drive-in or drive-through facilities providing the size of the food service use is 15 percent or less of the floor area of the building.

5. Similar uses subject to the approval of the Community Development Director.

17.488.005 Conditionally Permitted Uses in Subarea B. The following uses are permitted in Subarea B of PD-38 subject to securing a conditional use permit pursuant to Chapter 17.830:

1. Drive-in and drive-through establishments, excluding drive-thru restaurants and all prohibited uses.

2. Liquor sales for on or off-site consumption that are ancillary to the primary retail use.

3. Businesses whose primary use is off-site liquor sales, other than as ancillary to a primary retail use.

4. Outdoor sales/display uses and outdoor storage facilities.

5. Business, office, and service uses over 2000 square feet, plus medical or dental offices, or clinics over 2000 square feet. Business and trade schools.

6. Restaurant, café, and other food service uses, including outdoor dining, that are larger than 15% of the floor area of the building in which the restaurant or food service use is located.

7. Day care facilities.

8. Other uses that the Community Development Director determines because of the type of operation, material stored or sold, or other special circumstances requiring special consideration and conditioning through the conditional use permit procedure.

17.488.008 Prohibited Uses

A. The following uses shall be prohibited within Subarea B:

1. Self-service storage facilities.

2. Public and quasi-public uses such as hospitals, medical laboratory, outpatient facilities, convalescent hospital, business and technical schools.

3. Health clubs, reducing studios, recreational services and similar activities.

4. Tire shop, auto seat and upholstery shop, billiard hall, bowling alleys, lodge, fraternal hall, and community facility.

5. Funeral services and crematoriums.

6. Automotive, boat, or machinery repair.

7. Auto sales, boat sales, camper, or recreational vehicle sales, and mobile or manufactured housing sales or rentals.

8. Gas stations and mini-marts.

9. Carpet and/or flooring sales.

10. Drive-through restaurants

17.488.009 Development Standards

A. All uses developed within Subareas A, B and C of PD-38 shall conform to the development standards set forth as follows:

Minimum Lot Area 10,000 s.f.

Minimum Lot Width 50 feet

Minimum Street Frontage Setback
for 1 story structures or less than 20 feet tall 5 feet

Minimum Street Frontage Setback
for 2 story structures or less than 35 feet tall 10 feet

Minimum Street Frontage Setback
for 3 story structures or less than 45 feet tall 20 feet

Minimum Non Street Frontage Setback 0 feet*

*Non Street Frontage Setbacks for parcels adjoining existing residential uses must be approved by the Planning Commission during the design review or conditional use permit process.

Maximum Building Height 45 feet or three stories**

**Structures greater than 45 feet or 3 stories may be permitted subject to conditional use permit approval, with a 30-foot street frontage setback.

B. Other development standards:

1. Refuse Disposal Enclosure. All dumpsters, compactors, or semi-open trash containers shall be screened with masonry or cement refuse disposal enclosures to City standards and specifications.

2. Illumination of Parking Facilities and Structures. All facilities shall provide adequate lighting or illumination of parking facilities and structures pursuant to Chapter 17.620 of the Brentwood Municipal Code. All lights shall be a cut-off or full cut-off classification.

3. Parking Lot Design and Development Standards. All facilities shall comply with the design and development standards of Chapter 17.620.

4. Advertising Signs. All signs shall be subject to Chapter 17.640 of the Brentwood Municipal Code and shall conform to the City’s adopted Design Guidelines. Signs shall advertise only those businesses located on the same site (multi-building project approved at one time as part of a unique center although the individual buildings may have subsequently been subdivided for ownership purposes) as the sign.

5. Landscaping and Screening. Landscaping and screening shall be provided in accordance with Chapter 17.630.

6. Accessory Structures and buildings shall be permitted pursuant to the provisions of Chapter 17.660.

7. Security Measures. All facilities shall provide security measures in accordance with City standards and subject to design review.

8. Energy Conservation. All facilities shall, to the greatest extent possible, incorporate energy conservation measures in conformance with City standards and subject to design review.

9. Manufacturing and Storage Areas. All manufacturing processes shall be within a structure and all open storage areas (excluding outdoor sales areas) shall be screened with a minimum six (6) foot high view-obscuring fence. No storage shall exceed the height of the fence without securing a conditional use permit. Masonry walls shall be utilized for screening outdoor manufacturing and storage areas visible from a public street, while chain link with view-obscuring slats or other fencing materials, may be used for screening areas not visible from a public street.

17.488.010 Design and Site Development Review. The design and site development review procedure contained in Chapter 17.820 of the Brentwood Municipal Code shall apply to new structures within PD-38.

Section 3.

A. This Ordinance shall be published in accordance with applicable law, by one or more of the following methods:

1. Posting the entire Ordinance in at least three (3) public places in the City of Brentwood, within fifteen (15) days after its passage and adoption; or

2. Publishing the entire Ordinance at least once in the Ledger-Dispatch, a newspaper of general circulation published in the County of Contra Costa and circulated in the City of Brentwood, within fifteen (15) days after its passage and adoption; or

3. Publishing in the Brentwood Press a summary of the Ordinance prepared by the City Attorney and posting a certified copy of the Ordinance in the Office of the City Clerk at least five (5) days prior to passage and adoption and along with the names of those City Council members voting for and against the Ordinance.

B. This Ordinance shall become effective thirty (30) days after the date of its passage and adoption.

Section 4. In accordance with Government Code Section 65863.5, upon the effective date of this Ordinance, a copy shall be delivered to the County Assessor.

THE FOREGOING ORDINANCE was introduced with the first reading waived at a regular meeting of the Brentwood City Council on the 27th day of September, 2005, and adopted at a regular meeting of Brentwood City Council on the 11th day of October, 2005, by the following vote:

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